5.  The applicant was born in 1960 and lives in Dnipropetrovsk, Ukraine.
6.  The applicant is a lawyer. On 1 April 2004 criminal proceedings were instituted against her for allegedly attempting to bribe a judge and for fraud. On the same day the applicant was arrested.
7.  On 3 April 2004 the Dnipropetrovsk Prosecutor’s Office asked the court to order the applicant’s pre-trial detention arguing that the applicant might escape since she had the financial means to do so and a special passport issued for travelling abroad (закордонний паспорт) which she had already used on several occasions. There was also a possibility that she could hinder the investigation, put pressure on witnesses and destroy documentary evidence. The applicant already had a criminal record (it appears from the material in the case file that in 2000 she was charged on several counts of fraud but was pardoned in an amnesty). The applicant did not appear to have a permanent place of residence as she had provided three different home addresses and also did not have a permanent office. She did not have children of minor age and her state of health was considered to be compatible with detention.
8.  Later on the same day, in a court hearing, the applicant stated that she had been put under psychological pressure by the officers who had arrested her. She further stated that there was a possibility that she was pregnant and added that she had a student son who depended on her. The Babushkinskiy District Court of Dnipropetrovsk (“the Babushkinskiy Court”) ordered the applicant to remain in custody until 9 April 2004 as there was not enough evidence to make a formal decision on her pre-trial detention. The investigating authorities had to examine the case put forward by the applicant, look for further evidence of her having committed the crimes and conduct an assessment of her personality.
9.  On 9 April 2004 the Babushkinskiy Court ordered the continuation of the applicant’s detention. The court held that since the applicant had been accused of a serious crime, had given several different addresses and was also registered as a resident in Kyiv, there was a possibility that, if not detained, she could continue her criminal activities, hinder the investigation and abscond.
10.  On 21 May 2004 the Babushkinskiy Court further extended the applicant’s detention until 1 August 2004 on the same grounds as before. On 27 May 2004 the Dnipropetrovsk Regional Court of Appeal quashed that decision, extending the applicant’s detention until 1 July 2004.
11.  On 25 June 2004 the Babushkinskiy Court extended the applicant’s detention until 1 August 2004.
12.  On an unspecified date the investigation ended and the case was sent to the first-instance court for consideration. On 9 August 2004 the applicant’s criminal case was accepted by the Samarskiy District Court of Dnipropetrovsk (“the Samarskiy Court”).
13.  On 18 July 2006 the Samarskiy Court found the applicant guilty on thirteen counts of fraud and attempted bribery and sentenced her to seven years’ imprisonment. Four accomplices of the applicant were also found guilty and sentenced to various terms of imprisonment but were then released on probation.
14.  On 28 December 2006 the Dnipropetrovsk Regional Court of Appeal quashed the decision of 18 July 2006 upon appeal by both the applicant and the prosecutor and sent the case back for a fresh investigation. The court also ordered the applicant’s detention to be extended, taking various factors into consideration, namely “the applicant’s personality, the seriousness and number of crimes with which she had been charged and the circumstances in which they were committed.”
15.  On 30 March 2007 the Court of Appeal extended the applicant’s detention until 10 April 2007 since “certain procedural steps needed to be taken”.
16.  On 10 April 2007 the same court extended the applicant’s detention for one more month, finding that there were “no grounds on which the applicant could be released“.
17.  On 10 May 2007 the case was sent back to the first-instance court.
18.  On 18 May 2007 the case was accepted by the Samarskiy Court.
19.  On 15 June 2007 it sent the case back for further investigation, holding that the applicant should remain in pre-trial detention since there were “no grounds to believe that the applicant’s pre-trial detention was no longer necessary”. A submission from the applicant’s lawyer that the applicant was suffering from numerous illnesses and should therefore be released was not addressed. On 30 August 2007 the Dnipropetrovsk Regional Court of Appeal upheld that decision.
20.  On 10 October 2007 the case was again submitted to the first-instance court.
21.  On 31 October 2007 the Samarskiy Court sent the case back to the prosecutor to rectify various procedural errors. The court extended the applicant’s detention holding that her state of health did not render her unfit for detention and that there were “no grounds to believe that the applicant’s detention was no longer necessary”.
22.  On 11 January 2008 the case was sent back to the Samarskiy Court.
23.  On 18 January 2008 the same court again sent the case back to the prosecutor for further investigation. It reiterated its previous grounds for the applicant’s detention and stated that although, according to her medical report, the applicant was bedridden, that was not sufficient reason to release her.
24.  On 11 March 2008 the case was again returned to the court.
25.  On 20 June, 7 August, 30 October and 3 November 2008 and on an unspecified date in January 2009 the Samarskiy Court rejected requests for the applicant’s release. It accepted that the applicant was suffering from a number of diseases but could not find this a sound reason for her release. Moreover, S., recognised as a victim in the case, submitted in his statement that the applicant had urged him to withdraw his financial claims.
26.  On 28 April 2009 the same court sentenced the applicant to five years and twenty-seven days’ imprisonment for fraud. Her three accomplices were sentenced to various terms of imprisonment on probation. On the same day the applicant was released.
27.  On 11 February 2010 the Supreme Court of Ukraine rejected a request by the applicant for leave to appeal on points of law.
28.  On 14 April 2004 the applicant was confined in the Dnipropetrovsk Pre-Trial Detention Centre (“the SIZO”).
29.  Between April 2004 and February 2008 she received the following medical assistance.
30.  On 22 April 2005 an ambulance was called to the court because the applicant had a sudden episode of hypertension. The following day she was examined by a doctor, who confirmed that the applicant was suffering from arterial hypertension. The applicant was also given an electrocardiogram.
31.  The applicant was further examined by a physician and a paramedic on 29 April, 6 and 22 June 2005 and was prescribed medication for hypertension.
32.  Between 1 and 29 July 2005 the applicant was admitted to the SIZO medical ward with another episode of hypertension. According to medical records submitted by the Government, the applicant received treatment and was discharged following an improvement in her condition.
33.  The applicant was further examined and treated for high blood pressure by either a doctor or a paramedic on 17, 25 and 28 August 2005, 7 and 19 September 2005, 16 November 2005, 7 and 16 December 2005, 14 August 2006 and 10 May, 13 August, 15 October and 18 December 2007.
34.  On 14 October and 28 December 2005 and 27 and 30 April 2007 the applicant was given an electrocardiogram.
35.  On 9 August 2005 the applicant was diagnosed with eye problems -myopic astigmatism and angiosclerosis of retina vessels - and was recommended the use of spectacles.
36.  The applicant was further examined by an ophthalmologist on 6 December 2005, 28 February 2006, 3 April, 17 April 24 April, 29 May, 7 August, 4 September, 9 October, 27 November and 15 December 2007 and on 19 February 2008. She was diagnosed with hypertensive angiopathy (a disease of the blood vessels) and was advised to avoid work which involved using her eyes for long periods of time. It was also noted that she needed to consult a general practitioner and receive treatment for hypertension. On two occasions the applicant was prescribed vitamins. On 19 February 2008 it was again recommended that the applicant wear spectacles.
37.  In addition, on 6 April 2006 the applicant consulted an ophthalmologist from Dnipropetrovsk City Hospital no. 8. She was diagnosed with amblyopia, retinopathy and the atrophy of the nerves to the right eye.
38.  On 3 April 2004 the applicant underwent an ultrasound scan, which revealed that she was not pregnant.
39.  On 21 May 2004, 13 December 2005 and 30 March 2006 the applicant was treated for a skin disease on her face (streptodermia).
40.  On 23 September and 18 November 2005, 8 June, 21 September, 19 October, 14 December and 21 December 2007 the applicant was examined by a neurologist and diagnosed with a neurological condition induced by chronic hypertension (hypertensive encephalopathy), for which she was prescribed medication.
41.  On 14 November 2006 the applicant was diagnosed with left-sided pneumonia but she refused to be admitted to the SIZO medical ward.
42.  Between 18 April and 21 May 2007 the applicant was confined in the medical ward of the SIZO, where she was diagnosed with complications arising from high blood pressure (stage II hypertension), hypertensive angiopathy, stage II encephalopathy, ventricular arrhythmia, chronic gall-bladder disease and chronic pancreatitis.
43.  On 16 August 2007 the SIZO authorities informed the applicant’s lawyer about the medical treatment the applicant had received between April and August 2007. It was noted that she had been treated by a general practitioner, an ophthalmologist and a neurologist on eight different occasions and that, “given the course of the main disease and its development, the patient needed diagnosis and treatment in cardiology and ophthalmology departments”.
44.  On 11 December 2008 the administration of the SIZO informed the Samarskiy Court that the applicant had been admitted to its medical ward suffering from a urine infection, cystitis and hypertension as well as other illnesses and needed supervision and treatment by a doctor, a cardiologist and an ophthalmologist.
45.  During her stay in detention the applicant received ultrasound scans and X-ray examinations as well as blood and urine tests and was recommended to undergo a gastric endoscopy, which she refused.